Blended Families and Prenups Australia
Second Marriages
Second marriages and blended families are now common in Australia and they often involve more complex financial circumstances than first relationships. People bring property children inheritances businesses and financial obligations from previous relationships. Prenups also called Binding Financial Agreements are one of the most effective ways to protect assets and provide clarity for blended families.
This guide explains how prenups work in second marriages and blended families in Australia in 2026 and why they are increasingly important.
For the main prenup overview see
https://www.adamsunited.com.au/prenup-australia-fixed-fee/
Why second marriages create higher financial risk
Second marriages often include
• existing property
• children from previous relationships
• child support obligations
• ongoing financial commitments
• inheritances already received or expected
• complex asset structures
These factors increase the chance of future disputes. A Binding Financial Agreement can reduce risk and clearly define outcomes.
Asset protection for children from previous relationships
A major concern for people entering a second marriage is protecting assets for their children.
A prenup can
• preserve property intended for children
• prevent new partners from claiming certain assets
• define which assets remain separate
• support estate planning goals
• reduce conflict between families
This is essential for people with adult children or minor children depending on them.
Protecting property brought into the new relationship
Many people already own property before entering the second marriage. Without a prenup this property may become part of the future asset pool if the relationship ends.
A Binding Financial Agreement can
• identify existing property
• specify that it remains separate
• control how equity and mortgage contributions are handled
• prevent later claims
For guidance
https://www.adamsunited.com.au/binding-financial-agreements-prenups/
Dealing with superannuation in blended families
Superannuation is often one of the largest assets in middle age. Prenups can help protect
• pre relationship super balances
• future contributions
• self managed super interests
• family inheritance plans linked to super death benefits
This ensures clarity for both partners and children.
Relationship history and financial contributions
In second marriages contributions are often unequal. One partner may
• bring greater assets
• pay more into property
• contribute more financially
• support children alone
A prenup can recognise contributions and define outcomes clearly.
Dealing with inheritances and family wealth
Many people in second marriages want to ensure existing inheritances remain within their family line. Prenups can
• quarantine inheritances already received
• protect future inheritances
• honour family expectations
• prevent later claims against family wealth
This is crucial in blended families where competing interests may exist.
Avoiding conflict between partner and adult children
A common source of tension in blended families is fear that a new partner may receive assets intended for adult children. Prenups can reduce this fear by
• providing certainty
• setting boundaries
• aligning estate planning
• removing ambiguity
Clarity prevents disputes and maintains family harmony.
Court considerations for second marriages
Courts recognise that second marriages have different dynamics. When reviewing prenups courts consider
• whether assets were clearly identified
• whether children from previous relationships were considered
• whether advice and disclosure were complete
• whether the agreement was fair at signing
• whether the agreement supports practical outcomes
FAQ Second Marriages Blended Families and Prenups Australia
Are prenups recommended for second marriages in Australia
Yes. Prenups are commonly recommended for second marriages because they help protect assets acquired before the relationship and reduce disputes where children from previous relationships or unequal financial positions exist.
How do prenups help blended families
Prenups help blended families by clearly defining which assets remain separate and how property will be treated if the relationship ends. This provides certainty and reduces conflict between partners and children.
Can a prenup protect children from a previous relationship
Yes. Prenups can preserve assets intended for children by identifying property that is to remain separate and by supporting estate planning objectives.
Do prenups protect inheritances in second marriages
Yes. Prenups can protect inheritances already received and can explain how future inheritances will be treated so family wealth remains within the intended family line.
Do Australian courts enforce prenups in blended family situations
Courts enforce prenups when they comply with the Family Law Act, include full disclosure, provide independent legal advice to both parties, and are fair at the time of signing.
What makes a prenup risky in a second marriage
Risks arise when disclosure is incomplete, legal advice is defective, signing occurs under pressure, drafting is unclear, or the agreement is unfair at the time it is made.
Court information
https://www.fcfcoa.gov.au
Legislation reference
https://www.legislation.gov.au/Series/C2004A01050
